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598 NEALE v. HAGTHROP.
chattels real, and the value thereof, are not sustained by any proof.
Thirdly, because the auditor hath not allowed this defendant the
several sums of money laid out, expended and paid by him on ac-
count of the lands and property mentioned in the the proceedings;
and for large suras of money paid to the representatives of Anthony
Hook by this defendant, and the defendant Barbara, all which are
fully proved by sufficient evidence. And fourthly, because this
defendant is made debtor for f 56, 899 42, when in truth all the
negroes, personal property and chattels real, whence that sum
arises, principally belonged to him, though claimed under Barbara,
ml which is fully sustained by the proof.
The defendant Benjamin Rawlings also excepted to this report
of the auditor. First, because he had placed too high an estimate
on the annual value on the lot therein mentioned; and charged
this defendant with more ground rent for the same than was justi-
fied by the evidence. And secondly, because the auditor has not
estimated the value of the improvements erected on that lot at as
much as they are shewn by the evidence to be worth. And the
defendant John Fitzgerald excepted also to this report of the audi-
tor for the same reasons.
After which the plaintiff, by his petition, filed on the 5th of
October, 1831, stated, that since the passing of the order of the
5th of December, 1826, the defendant Chittenden had departed
this life, and that the lot of ground which had been held by him,
as in the proceedings mentioned, was then in the possession of
Harriet Chittenden, his widow and legal representative; that this
plaintiff has since discovered, that the title to this lot of ground
was, in truth, and only deducible from the deed of trust of the 17th
of August, 1797. Wherefore he prayed, that the agreement, filed
on the 12th of February, 1827, might be rescinded and withdrawn.
Upon which the Chancellor suggested to the solicitors, that as the
case had abated by the death of the defendant Chittenden, there
could be no further proceedings had until it had been revived
against his legal representatives.
Charles Frenour, by his petition, filed on the 29th of November,
1831, stated, that prior to the execution of the deed of trust of the
17lt of August, 1797, the late Anthony Hook had by a deed bear-
ing date on the 8th of May, 1797, conveyed the one-half of the lot
on Alice-Anna street to John Hook, from whom it had passed to this
defendant Edward Hagthrop, under whom this petitioner claimed.
Whereupon he prayed, that all such of the proceedings, in this
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